Date Last Revised: November 6, 2009
This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site owned and operated by Vaasnet, LLC. ("Vaasnet"), and located at www.vaasnet.com ("Vaasnet.com"). By using Vaasnet.com you agree to be bound by the terms and conditions of this Agreement and Vaasnet's Privacy and Security Policy, as they may be amended from time to time in the future (see "Modifications" below).
- Accepting the Terms
- Privacy and your Personal Information
- Description of the Service
- Vaasnet Offers and Third-Party Links
- Your Registration Information
- Your Use of the Service
- Online and Mobile Alerts
- Rights You Grant to Us
- Vaasnet's Intellectual Property Rights
- Access and Interference
- Rules for Posting
- Disclaimer of Representations and Warranties
- Alert Disclaimer
- Limitations on Vaasnet's Liability
- Your Indemnification of Vaasnet
- Ending your relationship with Vaasnet
- Governing Law and Forum for Disputes
Back to Top1. Accepting the Terms
By using the information, tools, features and functionality located on Vaasnet.com (together the "Service"), you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Vaasnet.com website) or you are a "Member" (which means that you have registered with Vaasnet). The term "you" or "User" refers to a Visitor or a Member. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Vaasnet.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
Back to Top2. Privacy and your Personal Information
For information about Vaasnet's data protection practices, please read Vaasnet's Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how Vaasnet treats your personal information when you access Vaasnet.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
Back to Top3. Description of the Service
The Service is a virtual machine provisioning and management service that allows Members to utilize virtual machines that reside on Vaasnet's servers. Based on such information, the Service may also present information relating to third party products or services ("Vaasnet Offers").
The Service is provided to you by Vaasnet with charge and is meant as an aid to assist you in provisioning and managing virtual machines. It is not intended to be used as a hosting service for production level applications.
Back to Top4. Vaasnet Offers and Third-Party Links
Some parts of the Service are supported by sponsored links from advertisers and display Vaasnet Offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information. We will always disclose when a particular Vaasnet Offer is sponsored.
In connection with Vaasnet Offers, the Service will provide links to other web sites belonging to Vaasnet advertisers and other third parties. Vaasnet does not endorse, warrant or guarantee the products or services available through the Vaasnet Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and Vaasnet is not an agent or broker or otherwise responsible for the activities or policies of those web sites.
Back to Top5. Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your username, allows you to access the Service. You agree and understand that you are responsible for maintaining the confidentiality of your virtual machine password(s) which, together with your username, allows you to access the virtual machines that you select. The username, password, and virtual machine password(s), together with any other contact information you provide form your "Registration Information."
By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
If you become aware of any unauthorized use of your Registration Information, you agree to notify Vaasnet immediately at the email address - email@example.com.
Back to Top6. Your Use of the Service
Your right to access and use Vaasnet.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use Vaasnet.com for lawful purposes.
Your access and use of Vaasnet.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Vaasnet.com or other actions that Vaasnet, in its sole discretion, may elect to take.
Back to Top7. Online and Mobile Alerts
Vaasnet may from time to time provide automatic alerts and voluntary account-related alerts.
Automatic alerts may be sent to you following certain changes made online to your Vaasnet account, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Vaasnet may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts will be sent to the email address you have provided as your primary email address for Vaasnet.com. If your email address or your mobile device's email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your password. However, alerts may include your Vaasnet.com username and some information about your virtual machines. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
Back to Top8. Rights You Grant to Us
By submitting information, data, passwords, usernames, other log-in information, materials and other content to Vaasnet through the Service, you are licensing that content to Vaasnet solely for the purpose of providing the Service. Vaasnet may use and store the content, but only to provide the Service to you. By submitting this content to Vaasnet, you represent that you are entitled to submit it to Vaasnet for use for this purpose, without any obligation by Vaasnet to pay any fees or other limitations.
Back to Top9. Vaasnet’s Intellectual Property Rights
The contents of Vaasnet.com, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of Vaasnet.com belong or are licensed to Vaasnet or its software or content suppliers. Vaasnet grants you the right to view and use Vaasnet.com subject to these terms. You may download or print a copy of information provided on Vaasnet.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from Vaasnet.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.
Back to Top10. Access and Interference
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Vaasnet.com or any portion of Vaasnet.com, without Vaasnet's express written consent, which may be withheld in Vaasnet's sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Vaasnet.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Internet Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Vaasnet.com or the Service; or
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Vaasnet.com or the Service.
Back to Top11. Rules for Posting
As part of the Service, Vaasnet allows Members to post content on bulletin boards, blogs and at various other publicly available locations on Vaasnet.com. You agree in posting content to follow certain rules.
- You are responsible for all content you submit to Vaasnet.com.
- By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with Vaasnet.com and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through Vaasnet.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of Vaasnet.com and under this Agreement.
- You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
- You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
- You may not interfere with other Users' use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of Vaasnet.com, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
- Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
- You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of Vaasnet.com that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
- You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited emails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
Back to Top12. Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH VAASNET.COM OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. VAASNET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF VAASNET.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
VAASNET MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON VAASNET.COM OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. VAASNET MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
Back to Top13. Alert Disclaimer
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Vaasnet does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Vaasnet shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Back to Top14. Limitations on Vaasnet's Liability
VAASNET SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO VAASNET.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF VAASNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, VAASNET’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
Back to Top15. Your Indemnification of Vaasnet
You shall defend, indemnify and hold harmless Vaasnet and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
Back to Top16. Ending your relationship with Vaasnet
This Agreement will continue to apply until terminated by either you or Vaasnet as set out below. If you want to terminate your legal agreement with Vaasnet, you may do so by closing your account for the Service.
Please use the directions below to cancel your account:
- Login to your Vaasnet account.
- Go to "Your Account".
- Locate the "Cancel Vaasnet Account" option.
- Confirm that you want to cancel your account.
- Your account will be closed and your ability to log in deactivated immediately.
Vaasnet may at any time, terminate its legal agreement with you:
- if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
- if Vaasnet in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
- immediately upon notice, to the email address provided by you as part of your Registration Information.
Back to Top17. Modifications
Vaasnet may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Vaasnet.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
Back to Top18. Governing Law and Forum for Disputes
This Agreement, and your relationship with Vaasnet under this Agreement, shall be governed by the laws of the State of North Carolina without regard to its conflict or choice of laws provisions. Any dispute with Vaasnet, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of North Carolina within the county of Mecklenburg, North Carolina, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Vaasnet may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Vaasnet is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Vaasnet, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
Back to Top19. Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Vaasnet does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Vaasnet has the benefit of under any applicable law), this will not be taken to be a formal waiver of Vaasnet’s rights and that those rights or remedies will still be available to Vaasnet.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and Vaasnet regarding the subject matter of the same, and supersedes all other previous agreements.